The Enforcement and Setting Aside of Contracts

The Enforcement and Setting Aside of Contracts


A comprehensive and in-depth analysis of the concepts and principles at work in the area of enforcement and setting aside of contracts.


Author: Dr Albert Keating | ISBN: 9781911611493    | Format and Price: Paperback €59 | Publication Date:  April 2021


The Enforcement and Setting Aside of Contracts provides a comprehensive and in-depth analysis of the concepts and principles at work in the area of enforcement and setting aside of contracts and interlocutory applications. Part I, gives a full and detailed account of the enforcement of contracts for the sale of land, interests in land and testamentary contracts by specific performance, enforcement of Pallant v Morgan-type arrangements, collateral contracts, and enforcement of contracts by way of estoppel by convention. Part I also deals with the defence mechanism provided by promissory estoppel in actions of enforcement of terms of contracts. Part II, provides a comprehensive account of the concepts and principles at play in actions to set aside contracts on grounds of equitable mistake, misrepresentation, undue influence, non est factum and improvident transactions. Part III deals with principles of summary judgment applied in the enforcement of debts arising from contracts of loan and guarantees relating to them, arguable defences and remittal of issues to plenary hearing, and also contracts with banks. Part IV presents a full and comprehensive account of the court rules and legal principles governing the discovery of documents, interrogatories, interlocutory and mandatory interlocutory injunctions and issues and principles of costs of entire proceedings and costs of interlocutory applications.


Content includes


Chapter 1: The Enforcement of Contracts by Specific Performance

  • Introduction
  • The Enforcement of Contracts by Specific Performance
  • Discretionary Enforcement of Contracts
  • Contracts Incapable of Enforcement by Specific Performance
  • Damages In Lieu of Specific Performance

Chapter 2: The Enforcement of Testamentary and Pre-Testamentary Contracts

  • Introduction
  • Testamentary Contracts
  • Pre-Testamentary Contracts
  • Commentaries on Testamentary and Pre-Testamentary Contracts

Chapter 3: Pallant v Morgan-Type Arrangements and Equity

  • Introduction
  • Pallant v Morgan -Type Arrangements and Equity
  • Alternative Enforcement of Pallant v Morgan Type Arrangements by Proprietary Estoppel or Remedial Constructive Trust

Chapter 4: The Enforcement of Collateral Contracts

  • Introduction
  • The Concept of a Collateral Contract
  • The Enforcement of Collateral Contracts
  • Procedural Fairness

Chapter 5: Estoppel Principles

  • Introduction
  • Principle of Promissory Estoppel
  • Principle of Estoppel by Convention



 Chapter 6: Doctrines of Common Mistake and Rectification

  • Introduction
  • Doctrines of Common Mistake
  • Rectifying Mistakes

Chapter 7: The Right to Rescind

  • Introduction
  • The Right to Rescind
  • Damages in Lieu of Rescission
  • Damages for Fraudulent Misrepresentation

Chapter 8: Presumptions of Undue Influence

  • Introduction
  • Presumptions of Undue Influence
  • Rebutting Presumptions
  • Laches
  • Duress

Chapter 9: The Morris and Gilligan Criteria

  • Introduction
  • The Morris Criteria and Principle of Non Est Factum
  • The Gilligan Criteria and Improvident Transactions



Chapter 10: Applications for Summary Judgment for Enforcement of Debts, Guarantees and Account Taken

  • Introduction
  • Particulars of a Debt in a Summary Summons
  • Applications for Summary Judgment
  • Grounding and Replying Affidavits
  • Applications for Account Taken


Chapter 11: Principles of Summary Judgment and Account Taken

  • Introduction
  • Principles of Summary Judgment
  • Principles of Account Taken

Chapter 12: Arguable Defences

  • Introduction
  • Principles of Summary Judgment Applicable to Arguable Defences
  • The Credibility of the Defence
  • Issues Raised in Arguable Defences
  • Cross-Claims
  • Substantiating Issues at Plenary Hearing

Chapter 13: Contracts with Banks

  • Introduction
  • Bank and Customer Relationships
  • A Bank’s Duty to Make Enquiries
  • Arguable Defences by Bank Customers
  • An Arguable Defence Based on the Superimposition of a Constructive Trust on a Bank’s Duty to Enquire


Chapter 14: Discovery of Documents

  • Introduction
  • Rules and Affidavit of Discovery of Documents
  • The Clarke Principles of Discovery


Chapter 15: Delivery of Interrogatories and Privileged Communications

  • Introduction
  • Delivery of Interrogatories
  • Privileged Communications

Chapter 16: Injunctions

  • Introduction
  • Interlocutory and Mandatory Interlocutory Injunctions
  • Adequacy of Damages
  • Undertaking as to Damages
  • Mareva Injunctions

Chapter 17: The Costs of Proceedings

  • Introduction
  • Costs of the Entire Proceedings
  • Principles of Costs of Entire Proceedings

Chapter 18: The Costs of Interlocutory Applications

  • Introduction
  • Costs of Interlocutory Applications
  • Principles of Costs of Interlocutory Applications



Who Should Buy This Book?

This unique book is an essential resource for all legal practitioners, academics and students.

About the Author

Dr Albert Keating BCL, LLB, LLM, BL, DLitt, is a barrister and Senior Lecturer in Law at Waterford Institute of Technology. His published works on probate and succession law include Keating on Probate (2011) (4th ed) and Keating on Probate, First Supplement to the 4th ed (2013). His books also include Probate Law and Practice, Probate Law and Practice Case Book, Probate Causes and Related Matters, Keating on Probate (2nd ed), Equitable Succession Rights,  The Law and Practice of Personal Representatives, Keating on Probate (3rd ed), Irish Wills Precedents, Irish Probate Precedents and Keating on Probate – The Complete Words, CD-Rom, (2004).   His most recent books include:  and The Construction of Wills, Second Edition (2017), The Law of Wills (2nd ed) (2018), Will Trusts and Equitable Succession Rights (2019) all published by Clarus Press .  He has also published numerous articles on probate and succession law in such journals as the Conveyancing and Property Law Journal, Irish Law Times, Irish Probate Law Journal and Judicial Studies Institute Journal, and chapters on Probate and Succession Law in the Annual Review of Irish Law since 2004.



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